Entries in Apple v. Samsung (4)


Patent War Resumes: Apple and Samsung Head Back to Court

SeongJoon Cho/Bloomberg via Getty Images(SAN JOSE, Calif.) -- The long $1 billion patent fight between Apple and Samsung resumes on Thursday.  The two companies will square off again in a federal courtroom in San Jose, Calif.

Samsung wants to overturn a jury verdict reached in August.  Jurors then found the Korean company guilty of infringing on a number of Apple software patents for the iPad and iPhone. 

Among the copied features was one that allows users to tap their screen to zoom in and out of an image.  Another was a scrolling "bounce back" feature.

The jury recommended that Samsung pay Apple more than $1 billion in damages.  Now, Apple is seeking to add $500 million more to that amount.

Copyright 2012 ABC News Radio


Samsung Files Patent-Infringement Complaints Against Apple

Apple(NEW YORK) – The patent war between Samsung and Apple continues to escalate, as the South Korean technology manufacturer is accusing Apple of copyright infringement.

According to Bloomberg, Samsung added a complaint to an already standing lawsuit between the two companies, claiming that Apple infringed on seven different Samsung patents in creating the iPhone 5.

The suit, which could shift the balance of power in the $219 billion market, is scheduled for 2014.

Apple won a $1.05 billion settlement from Samsung, the world’s largest mobile phone seller, in a different patent case back in August.  However, the Cupertino, California company recently lost a legal battle when a U.S. District Court judge rescinded a U.S. ban on Samsung’s Galaxy Tab 10.1. 

Copyright 2012 ABC News Radio


Apple Seeks Ban on Samsung Galaxy S III, Note 10.1

PARK JI-HWAN/AFP/Getty Images(NEW YORK) -- The jury might have handed Apple a win in the U.S.-based intellectual property trial, but the Apple v. Samsung battle is far from over.

Early last week Apple requested an injunction on eight of the Samsung phones that were at the center of its intellectual property trial with Samsung, including the Galaxy S 2. But because the law moves slowly many of those phones are no longer on the market.

Apple’s on it though. Late on Friday, Apple requested that Samsung’s latest Galaxy S III, Galaxy Note, Galaxy Note 10.1 and others be banned. The Galaxy S III was released in the U.S. in June and the Galaxy Note 10.1 just a few weeks ago. The complaint filed by Apple actually comes in a separate case from the one that was just ruled on a few weeks ago; this suit deals with different utility patents, including ones that over slide to unlock and universal search.

“Since then, Samsung has continued to release new infringing products, including its current flagship device, the Galaxy S III,” Apple wrote in the amended complaint. “While Samsung’s new products infringe many of the same design patents, utility patents, trademarks, and trade dress rights that are at issue in the earlier case, Samsung’s new products also infringe additional utility patents, some of which issued after Apple filed the Earlier Case.”

On Aug. 24, a California jury found that the majority of Samsung smartphones and tablets violated patents held by Apple and recommend Apple be awarded $1.05 billion. Other courts around the world haven’t been as certain of Samsung’s willful patent infringement: respective courts in Japan and South Korean recently rejected Apple’s claims against Samsung.

Last week, Bloomberg reported that Apple and Google, maker of the Android software used in these Samsung phones, have been meeting to discuss an end to the ongoing disputes.

Copyright 2012 ABC News Radio


Apple v. Samsung: What the Verdict Means for You and the Tech Industry

SeongJoon Cho/Bloomberg via Getty Images(NEW YORK) -- The verdict in the landmark Apple v. Samsung case was a major win for Apple -- the jury finding that many of Samsung's phones and tablets copied Apple's iPhone and iPad, and recommended that Samsung pay Apple over $1 billion in damages.

But it's not just Samsung that is going to pay and it's certainly not just about money (although Samsung's stock price has dropped over the past few days). The impact could ripple out from the company to the rest of the mobile industry, and ultimately to the technology you buy or own.

There's one thing many industry analysts agree on in the wake of the verdict: there's going to have to be more innovation in mobile devices. Plain and simple: products will have to start to look different from the iPhone and iPad.

"The jury reaffirmed Apple's claim that the design may be obvious when you see it but it takes work, vision and refinement to make it all come together as an experience. At the moment the only handset vendors that probably aren't concerned long term are Nokia and RIM," Michael Gartenberg, research director at the market research firm Gartner, told ABC News.

"With Apple patents being upheld, this will force the larger industry toward greater innovation and differentiation. If you're a CE [consumer electronics] vendor thinking of 'borrowing' any aspect of Apple design, you might want to think twice."

Nilay Patel, a former patent attorney and managing editor of The Verge, a technology publication, has said the same, and points out that Apple's competitors have already begun to change their new products to protect themselves.

"I think Apple's proven that its case about copying is very strong; we are already seeing software features change," Patel told ABC News. "I am sure we are going to see other software changes. I also believe we are going to see a highly differentiated hardware design."

During the trial, Apple's lawyers pointed to phones made by Nokia -- the Lumia 900 in particular -- to illustrate its point that not all phones had to be made to look like the iPhone.

Google's Android operating system was a center point in this trial. It is used in more mobile devices than any other, including all the Samsung products in dispute in this case. A number of Android features, including the way users have to move their fingers to zoom in or out on their screens, were found to infringe on Apple's patents.

"I think Apple's ultimate target is not just Samsung but the Android ecosystem. They view Google as their ultimate competitor, this is a setback for all of Android," Mark Lemley, a law professor at Stanford University, told ABC News.

With that in mind, some analysts believe that could be a major boon for Microsoft's Windows Phone operating system.

"The Samsung-Apple verdict was good for Microsoft's Windows Phone," said Patrick Moorhead, president of Moor Insights, in an interview with ABC News. "Not only is Microsoft free and clear of legal encumbrances, the once 'free' Android is looking more expensive every day when you add the Microsoft license fee plus a potential Apple license fee."

Microsoft employees even tweeted that reaction after the verdict was announced. "Windows Phone is looking gooooood right now," Bill Cox,  Sr. Director of Marketing Communications for the Windows Phone, tweeted after the verdict. Microsoft's next version of Windows Phone -- Windows Phone 8 -- is expected to hit in the next couple of weeks. Popular Android handset makers, including Samsung and HTC, already sell Windows Phone devices.

Google, on the other hand, said it doesn't believe the verdict will have far-reaching impact on its operating system. "The court of appeals will review both 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 statement.

But those are longer-term changes. More immediately, there is a good chance that Samsung products that infringed on Apple's patents will be pulled from store shelves as Apple has been seeking an injunction against their sale.

Since the law moves slowly, though, many of the products in question aren't on the market anymore. Today Apple announced it is seeking a ban on the following Samsung phones: Galaxy S 4G, Galaxy S2 (AT&T), Galaxy S2 (Skyrocket), Galaxy S2 (T-Mobile), Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and the Galaxy Prevail. The Galaxy S2 phone is no longer available at many carriers; the new Galaxy S III and Galaxy Nexus hadn't been released yet when the suit was filed, and were not considered in this case.

That said, Lemley believes Apple will attempt to go after those newer handsets in the injunction. "Is it limited just to these products or does it prevent Samsung from implementing it into other products?" Lemley said.

Samsung could also be forced to make software updates to existing products to alter some of the features cited in the suit. Samsung was forced to issue an update on its Galaxy Nexus phone earlier this summer for similar reasons.

But if you have a Samsung phone, don't toss it just yet. Before all of this happens, Samsung is expected to appeal the decision.

Copyright 2012 ABC News Radio

ABC News Radio