Entries in Patent Infringement (5)


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  However, the Cupertino, California company recently lost a legal battle when a U.S. District Court judge rescinded a U.S. ban on Samsung’s Galaxy Tab 10.1.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


Copying Your Competition Is Good for the Economy, Experts Say

SeongJoon Cho/Bloomberg via Getty Images(NEW YORK) -- When a competitor copies somebody else's product, is that a good thing or bad thing?

Very, very bad, said a federal grand jury in Apple vs. Samsung.  It found Samsung owed Apple damages in excess of $1 billion for, among other things, making phones and tablets whose features and rounded corners aped too closely those of Apple's.

The court's decision, said David Hsu, professor of management at Wharton, will have the effect of strengthening the branch of patent law that protects design (as compared to functionality).

"There seems to be," he told a Wharton interviewer, "a broadening of the protection of design elements."

That's exactly the wrong direction the law should be heading, say the co-authors of a new book.

In The Knockoff Economy: How Imitation Sparks Innovation, Kal Raustiala and Christopher Sprigman argue copying is the wellspring of innovation.  And more innovation, they say, is what the U.S. has to have in order to keep competitive in the world economy.

"Copying has unappreciated upsides, as well as the downside we're all familiar with," Raustiala, a professor of law at UCLA, tells ABC News.

People's view of the lone inventor is wrong, the authors argue.  Edison's light bulb may have contained a vacuum, but it was not created in one: Edison drew on the work of rival inventors who had created other bulbs.  By tweaking theirs, he arrived at his -- and immortal success.

"It's freedom to copy," says Raustiala, "that enables incremental innovation."

He and Sprigman, a research professor at the University of Virginia School of Law, believe that to restrict the freedom to copy any further than it already is restricted under U.S. law, would be an economic error.

"It's not that we're against copyright or patent," says Raustiala. "It's that we don't think more is better."

Raustiala allows as how an individual creator may sometimes suffer harm by having his work knocked off, but that the upside is an industry where innovation thrives.

"It's a public policy issue," he says. "We do not need to create more protections. The issue ought to be: How do we get more innovation?"

Copyright 2012 ABC News Radio


Japanese Judge Rules Samsung Didn't Infringe Apple's Patent

SeongJoon Cho/Bloomberg via Getty Images(TOKYO) -- A week after Samsung was ordered to pay over $1 billion to Apple for copyright infringement in the U.S., a decision on Friday in a similar, but much smaller, case in Japan didn't end in Apple's favor.

Apple sued Samsung in Japan for $1.3 million in damages last year, claiming Samsung's smart phones and tablet computers infringed a patent on an Apple invention that synced up the devices with servers.

But on Friday, the Japanese judge ruled in favor of Samsung, saying the South Korean company did nothing wrong.

Samsung welcomed the Tokyo court's decision, saying in a statement Friday that it "confirmed our long-held position that our products do not infringe Apple's intellectual property."

Copyright 2012 ABC News Radio


Yahoo Sues Facebook for Patent Infrigement

Daniel Acker/Bloomberg via Getty Images(NEW YORK) -- Yahoo is going after Facebook, claiming that the social media giant infringed on 10 of its patents.

Filed on Monday, the patent infringement lawsuit claims that Facebook violated Yahoo patents covering ads, privacy and social networking, among others.

In an emailed statement, as quoted by The Los Angeles Times, a Yahoo spokesman said: "Yahoo has invested substantial resources in research and development through the years, which has resulted in numerous patented inventions of technology that other companies have licensed.  Unfortunately, the matter with Facebook remains unresolved, and we are compelled to seek redress in federal court."

And the timing of the lawsuit may not come as a surprise.  As Engadget Senior Associate Editor Michael Gorman explains, Facebook's impending IPO probably has a lot to do with it.

"Patent lawsuits are big right now and you can get a lot of money whether its through a settlement, licensing agreements, or by winning in court," he says.

Copyright 2012 ABC News Radio

ABC News Radio