Apple-Samsung Trial

  • Posted: 28 August 2012 10:15 PM #631

    Looks like Judge Koh announced that she set a date for the injunction hearing..may be later than AAPL had hoped for (Dec. 6th):http://www.msnbc.msn.com/id/48820579/ns/technology_and_science-tech_and_gadgets/#.UD1stVRYZyc

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  • Posted: 28 August 2012 10:19 PM #632

    Looks like Judge Koh set Dec 6th as the date for the Apple - Samsung injunction: http://www.msnbc.msn.com/id/48820579/ns/technology_and_science-tech_and_gadgets/#.UD1stVRYZyc

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  • Posted: 28 August 2012 10:29 PM #633

    Phoebear611 - 29 August 2012 01:19 AM

    Looks like Judge Koh set Dec 6th as the date for the Apple - Samsung injunction: http://www.msnbc.msn.com/id/48820579/ns/technology_and_science-tech_and_gadgets/#.UD1stVRYZyc

    That’s disappointing. Those phones are already so old, the ones that are still selling (S2) will be even more insignificant by December. Hope Koh awards treble damages to drive home the point, because injunctions are clearly proving ineffective.

         
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    Posted: 28 August 2012 11:08 PM #634

    Horace D posts about Apple’s recent litigation win in a contrarian way, invoking the ancient theatrical concept of Deus ex Machina.

    “A deus ex machina ( /?de?.?s ?ks ?m??ki?n?/ or /?di??s ?ks ?m?k?n?/ day-?s eks mah-kee-n?;[1] Latin: “god from the machine”; plural: dei ex machina) is a plot device whereby a seemingly unsolvable problem is suddenly and abruptly solved with the contrived and unexpected intervention of some new event, character, ability, or object.”

    http://www.asymco.com/2012/08/28/deus-ex-machina/

         
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    Posted: 28 August 2012 11:16 PM #635

    Litigation is no cure-all.  It’s not decisive for Apple.  But it’s also not unimportant, pardon the double negative.

    This litigation…it was very important.  And it was necessary.  It’s not deus ex machina (in some ways it implies a resolution that isn’t deserved), but it is a big win.  For Apple, for principle, for values.

    And if nothing else, $1B or more can buy a LOT of litigation.

    [ Edited: 28 August 2012 11:21 PM by Mav ]

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  • Posted: 28 August 2012 11:18 PM #636

    Koh setting next hearing date for Dec. 6th makes a farce out of US Mobile Patent enforcement.

    Samsung already had a fairly positive risk/reward equation for violating the design and OS Patents given that only 8 older models would be excluded either way.

    Why won’t Samsung and others such as HTC just simply come out with new slightly tweaked phones every 6 months and say “catch us if/when you can”

    Seriously ?? - 3 months and 10 days from today !!

    A meaningful/enforcable ban would not be in place until January at this rate - and for models that are from mid 2011 - dinosaur models in Mobile by that time

    What a joke

         
  • Posted: 28 August 2012 11:34 PM #637

    All of these legal maneuvers and delays remind me of some of my favorite lines from Thank You For Not Smoking (a movie I highly recommend):

    http://www.imdb.com/title/tt0427944/quotes

    Joey Naylor: Dad, why is the American government the best government?
    Nick Naylor: Because of our endless appeals system.

      * * *

    Nick Naylor: That’s the beauty of argument, if you argue correctly, you’re never wrong.

    Joey Naylor: ...so what happens when you’re wrong?
    Nick Naylor: Whoa, Joey I’m never wrong.
    Joey Naylor: But you can’t always be right…
    Nick Naylor: Well, if it’s your job to be right, then you’re never wrong.
    Joey Naylor: But what if you are wrong?
    Nick Naylor: OK, let’s say that you’re defending chocolate, and I’m defending vanilla. Now if I were to say to you: ‘Vanilla is the best flavour ice-cream’, you’d say…
    Joey Naylor: No, chocolate is.
    Nick Naylor: Exactly, but you can’t win that argument… so, I’ll ask you: so you think chocolate is the end all and the all of ice-cream, do you?
    Joey Naylor: It’s the best ice-cream, I wouldn’t order any other.
    Nick Naylor: Oh! So it’s all chocolate for you is it?
    Joey Naylor: Yes, chocolate is all I need.
    Nick Naylor: Well, I need more than chocolate, and for that matter I need more than vanilla. I believe that we need freedom. And choice when it comes to our ice-cream, and that Joey Naylor, that is the defintion of liberty.
    Joey Naylor: But that’s not what we’re talking about
    Nick Naylor: Ah! But that’s what I’m talking about.
    Joey Naylor: ...but you didn’t prove that vanilla was the best…
    Nick Naylor: I didn’t have to. I proved that you’re wrong, and if you’re wrong I’m right.
    Joey Naylor: But you still didn’t convince me
    Nick Naylor: It’s that I’m not after you. I’m after them.
    [points into the crowd]

    Apple was right well before the verdict.  But proving that Samesung was wrong shined up Apple’s brand and mystique.

    Tech companies love to talk up innovation.  But every front-page headline in the world has now proclaimed that only one walks the walk. 

    That’s priceless.

         
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    Posted: 28 August 2012 11:44 PM #638

    I agree that Apple must vigorously defend its intellectual property, and the Samsung verdict was a big win. It will reinforce public perceptions (at least in the U.S.) that Apple is the innovator and Samsung the copycat, which feeds directly into Apple’s image of cool, even though the advertising execs are working to undercut that image with ads that portray Apple users as buffoons and weirdos. Android device manufacturers will be less likely to rip Apple off blatantly. But I don’t see how this brings Samsung to its knees. A strong slap to the face that might work as a corrective, yes.

         
  • Posted: 28 August 2012 11:52 PM #639

    TraitorJoe - 29 August 2012 02:18 AM

    Koh setting next hearing date for Dec. 6th makes a farce out of US Mobile Patent enforcement.

    Samsung already had a fairly positive risk/reward equation for violating the design and OS Patents given that only 8 older models would be excluded either way.

    Why won’t Samsung and others such as HTC just simply come out with new slightly tweaked phones every 6 months and say “catch us if/when you can”

    Seriously ?? - 3 months and 10 days from today !!

    A meaningful/enforcable ban would not be in place until January at this rate - and for models that are from mid 2011 - dinosaur models in Mobile by that time

    What a joke

    The judge also has a 2 billion dollar hammer she can drop on Samsung if they are continuing to sell infringing products. 

    My read, and I have been posting on this, Judge Koh is trying to push this case into a post-verdict settlement track with the parties. 

    To those who believe Samsung in unmotivated to settle, I just don’t share that opinion.  They would be idiots not to be motivated following such a huge loss in court. Just protecting brand and future earnings should be sufficent motivation. 

    I don’t work IP cases and would be interested in knowing if the damages accumulate interest back to the date of the verdict?

    Apple is in a powerful position at this juncture and Samsung knows this. 

    In a related matter there is story out this evening concerning Motorola and Apple settling a case for essential patents in German court.  Perhaps coincidental, but coming right on the heels of the jury verdict in California maybe not.

         
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    Posted: 29 August 2012 12:45 AM #640

    TraitorJoe - 29 August 2012 02:18 AM

    Koh setting next hearing date for Dec. 6th makes a farce out of US Mobile Patent enforcement.

    Samsung already had a fairly positive risk/reward equation for violating the design and OS Patents given that only 8 older models would be excluded either way.

    Why won’t Samsung and others such as HTC just simply come out with new slightly tweaked phones every 6 months and say “catch us if/when you can”

    Seriously ?? - 3 months and 10 days from today !!

    A meaningful/enforcable ban would not be in place until January at this rate - and for models that are from mid 2011 - dinosaur models in Mobile by that time

    What a joke

    US District Court judges have full calendars, and they must synchronize with the schedules of two teams of patent lawyers who also have full caseloads.

    There are currently three judicial vacancies in that district, BTW.

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  • Posted: 29 August 2012 09:03 AM #641

    Max Pain as of this morning…but again, news trumps all so we still have 3 days of Europe and Friday’s Jackson Hole speeches….

    Highest put OI = $650
    Highest call OI = $700
    Max Pain = 665

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    Posted: 29 August 2012 10:12 AM #642

    Grover, Does this article from Korea Times newspaper sound like Samsung is interested in settling?

    http://www.koreatimes.co.kr/www/news/tech/2012/08/133_118544.html

    08-29-2012 17:09    
    Samsung set to strike back against Apple

    Samsung Electronics chairman
    Electronics giant in talks with US mobile carriers to get away from patent claims

    By Kim Yoo-chul

    Samsung Electronics is moving to fight back against Apple by strengthening its partnerships with American mobile carriers to develop new technologies to get away from the U.S. firm?s claims on design.

    The world?s biggest smartphone maker is in talks with major telecom carriers on Apple?s home-turf such as Verizon Wireless about modified designs in Samsung Galaxy devices. It is also closely partnering with Microsoft (MS) to cut its dependency on Google Android, according to officials Wednesday.

    ?Samsung has been in talks with major U.S. carriers to jointly develop modified design technology. This will be effective, though we can?t unveil more details for the time being,? said an official from the company?s telecommunications division.

    On the legal front, its lawyers are making preparations to counter nearly every patent issue which nine jurors found in favor of Apple.

    Officials said Samsung has been preparing ?all measures for all scenarios? to fight Apple in 50 patent disputes in 10 different countries.

    Earlier, Samsung Electronics Chairman Lee Kun-hee granted full authority to Vice Chairman Choi Gee-sung to take charge of one of the biggest technology patent disputes in history.

    ?Be well prepared to cope with it,? Lee was quoted as saying in a media briefing by the chief communications executive Rhee In-yong at Samsung headquarters in downtown Seoul.

    Lee was briefed about the details of the verdict by Choi, Tuesday. ?The chairman calmed down and slightly closed his eyes after he was briefed. But he didn?t say anything further,? another executive said. Choi, who is also the head of Samsung?s strategic planning office, wasn?t available for comment.

    ?Samsung was defeated in California, however, the fight isn?t over yet. The company briefly suffered from a 7.5 percent plunge in its stocks after the verdict, but the company has the capability to recover from a one-off injury. What really matters is the leadership of Samsung Chairman Lee Kun-hee is being put on the test as Samsung is in crisis, at least for the time being,? said Kim Sang-jo, a professor of economics at Hansung University.

    A day after Apple said it was going to seek a complete sales ban in the United States for eight Samsung devices, the Korean tech giant shot back with a short statement; ?We will take all necessary measures to ensure the availability of our products on the U.S. market.?

    On Dec. 6, the judge Lucy Koh, who presided over the four-week trial, will hold an injunction hearing to determine which, if any, of the products should be banned from U.S. store shelves.

    Samsung confirmed that it will immediately sue Apple if the latter releases products using advanced long-term evolution (LTE) mobile technology. LTE has been emerging as the top standard in the global mobile industry.

    According to data from Thomson-Reuters, Nokia ranked top with 18.9 percent in terms of the number of LTE patents, followed by Qualcomm with 12.5 percent, Samsung Electronics with 12.2 percent and Ericsson with 11.6 percent.

    At the IFA technology exhibition, which will run through from the end of August to early next month, Samsung will unveil a new device that uses MS software, according to officials.

    The ATIV Tab is the first tablet PC to run on Microsoft?s Windows operating system. Lee Seung-yeon, the spokeswoman for MS Korea, declined to confirm this.

    Samsung has been the undisputed flagship carrier of Google?s Android mobile operating system. But the court defeat by Apple was an alarming development for Google, which sees Apple widening its battle front against Android makers. Google apparently doesn?t want the Samsung setback to drag the whole fleet down and is now distancing itself from its most critical business partner.

    ?The court of appeals will review both the infringement and the validity of the patent claims. Most of these don?t relate to the core Android operating system and several are being re-examined by the U.S. Patent Office,? Google said in a recent statement.

         
  • Posted: 29 August 2012 10:26 AM #643

    Yes, actually it does sound like they might settle. A little too much bluster, a little too vague. Sounds like face-saving, not actual plans.

    For instance, Apple releases an LTE phone, and Samsung immediately sues. Over what? LTE patents which were already licensed to the maker of the chip Apple will use? Just like the immediately past suit against Apple, and will go just as well? Really?

    And all that talk about changing their phones—that’s an admission that the sales ban is likely and will stand, and if they believe that, they also believe they’ll have to pay damages.

    And the bit about moving to Windows on tablets—hey, good luck with that!

         
  • Posted: 29 August 2012 10:30 AM #644

    mightydog - 29 August 2012 01:12 PM

    Grover, Does this article from Korea Times newspaper sound like Samsung is interested in settling?

    http://www.koreatimes.co.kr/www/news/tech/2012/08/133_118544.html

    08-29-2012 17:09    
    Samsung set to strike back against Apple

    Samsung Electronics chairman
    Electronics giant in talks with US mobile carriers to get away from patent claims

    By Kim Yoo-chul

    Samsung Electronics is moving to fight back against Apple by strengthening its partnerships with American mobile carriers to develop new technologies to get away from the U.S. firm?s claims on design.

    The world?s biggest smartphone maker is in talks with major telecom carriers on Apple?s home-turf such as Verizon Wireless about modified designs in Samsung Galaxy devices. It is also closely partnering with Microsoft (MS) to cut its dependency on Google Android, according to officials Wednesday.

    ?Samsung has been in talks with major U.S. carriers to jointly develop modified design technology. This will be effective, though we can?t unveil more details for the time being,? said an official from the company?s telecommunications division.

    On the legal front, its lawyers are making preparations to counter nearly every patent issue which nine jurors found in favor of Apple.

    Officials said Samsung has been preparing ?all measures for all scenarios? to fight Apple in 50 patent disputes in 10 different countries.

    Earlier, Samsung Electronics Chairman Lee Kun-hee granted full authority to Vice Chairman Choi Gee-sung to take charge of one of the biggest technology patent disputes in history.

    ?Be well prepared to cope with it,? Lee was quoted as saying in a media briefing by the chief communications executive Rhee In-yong at Samsung headquarters in downtown Seoul.

    Lee was briefed about the details of the verdict by Choi, Tuesday. ?The chairman calmed down and slightly closed his eyes after he was briefed. But he didn?t say anything further,? another executive said. Choi, who is also the head of Samsung?s strategic planning office, wasn?t available for comment.

    ?Samsung was defeated in California, however, the fight isn?t over yet. The company briefly suffered from a 7.5 percent plunge in its stocks after the verdict, but the company has the capability to recover from a one-off injury. What really matters is the leadership of Samsung Chairman Lee Kun-hee is being put on the test as Samsung is in crisis, at least for the time being,? said Kim Sang-jo, a professor of economics at Hansung University.

    A day after Apple said it was going to seek a complete sales ban in the United States for eight Samsung devices, the Korean tech giant shot back with a short statement; ?We will take all necessary measures to ensure the availability of our products on the U.S. market.?

    On Dec. 6, the judge Lucy Koh, who presided over the four-week trial, will hold an injunction hearing to determine which, if any, of the products should be banned from U.S. store shelves.

    Samsung confirmed that it will immediately sue Apple if the latter releases products using advanced long-term evolution (LTE) mobile technology. LTE has been emerging as the top standard in the global mobile industry.

    According to data from Thomson-Reuters, Nokia ranked top with 18.9 percent in terms of the number of LTE patents, followed by Qualcomm with 12.5 percent, Samsung Electronics with 12.2 percent and Ericsson with 11.6 percent.

    At the IFA technology exhibition, which will run through from the end of August to early next month, Samsung will unveil a new device that uses MS software, according to officials.

    The ATIV Tab is the first tablet PC to run on Microsoft?s Windows operating system. Lee Seung-yeon, the spokeswoman for MS Korea, declined to confirm this.

    Samsung has been the undisputed flagship carrier of Google?s Android mobile operating system. But the court defeat by Apple was an alarming development for Google, which sees Apple widening its battle front against Android makers. Google apparently doesn?t want the Samsung setback to drag the whole fleet down and is now distancing itself from its most critical business partner.

    ?The court of appeals will review both the infringement and the validity of the patent claims. Most of these don?t relate to the core Android operating system and several are being re-examined by the U.S. Patent Office,? Google said in a recent statement.

    We should be careful not to believe everything we read in the press at any time but more so now.  I don’t think this makes TC quake in his boots. Many things may be put out for public consumption.  What would you expect Samsung to say to their users and investors?  Of course I can’t perdict with certainly there will be a settlement, but I know that events occur behind the scenes that the public is not privy to.  Stay tuned.

         
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    Posted: 29 August 2012 11:37 AM #645

    If you use Qualcomm LTE chipsets we will sue you.

    Quite abusive use of SEPs, Samsung.

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