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Entries in Trial (3)

Friday
Aug242012

Apple v. Samsung: Jury Rules for Apple, Recommends Over $1 Billion in Damages

Hemera/Thinkstock(SAN JOSE, Calif.) -- After just three days of deliberation, the jury in the Apple v. Samsung patent-infringement has found Samsung guilty of infringing on a number of Apple software patents, and recommended that Apple be awarded more than $1 billion in damages.

The jury found that the majority of Samsung smartphones violate patents held by Apple. It included features such as one that allows users to tap their screen to zoom in and out of an image, and a scrolling "bounce back" feature.

The jury also said that in a number of cases it believed Samsung's infringement was willful. It said Samsung should not be awarded any damages in its countersuit against Apple.

The jurors were given a 109-page document with instructions about the case, and eventually arrived at a unanimous verdict.

Apple sued Samsung last year for copying the essential features of its iPad and iPhone, and sought $2 billion in damages. Samsung wanted just over $500 million in a countersuit.

During the trial, Apple argued that Samsung copied numerous aspects of its smartphone and tablet designs, including touch screen gestures, icon design, and overall hardware aesthetic. In the process, Apple had to reveal secrets about the design of its products, including never-before-seen prototypes of iPhones and iPads.

Samsung's closing argument listed ways its products were different from Apple's. "Apple [is trying] to prevent its largest competitor from giving consumers what they want: smartphones with big screens," Samsung's lead attorney, Charles Verhoeven, said in closing arguments.

Samsung and Apple refused to settle out of court, even though, with so much at stake to be decided by a jury of non-experts, Judge Lucy Koh urged the two companies to come to an agreement. At one point in the case she even asked Apple's lawyers if they were "smoking crack" after they presented a 75-page briefing.

Copyright 2012 ABC News Radio

Monday
Jul302012

Apple v. Samsung Trial Begins with Jury Selection

Hemera/Thinkstock(SAN JOSE, Calif.) --The long-anticipated Apple v. Samsung trial kicked off Monday morning with jury selection in San Jose, Calif.

With U.S. District Judge Lucy H. Koh presiding, prospective jurors were asked if they had any ties to Apple, Samsung, or Google. Judge Koh asked jurors about the types of phones they used and about their activity on Twitter, Facebook and MySpace, AllThingsD reported. Lawyers from Samsung and Apple were permitted to ask jurors questions for 20 minutes. As of Monday afternoon the jury selection process was still in progress; ten jurors must be seated before the trial proceeds.

Opening arguments are expected Tuesday.  The trial is expected last through the end of August.

Apple sued Samsung for intellectual property infringement -- copying its iPad and iPhone -- last year; Apple is seeking over $2 billion in damages. Samsung responded with a countersuit. If Samsung is found guilty of patent infringement, some of its products could be banned in the U.S.

Judge Koh has already granted a preliminary injunction on the sales of Samsung’s Galaxy Tab 10.1 as well as on Samsung’s Galaxy Nexus. Last week, the court docket revealed early designs of Apple’s iPhone.

Copyright 2012 ABC News Radio

Monday
Feb272012

BP Oil Spill Trial Postponed Until March 5

Hemera/Thinkstock/BP/PRNewsFoto(MYRTLE GROVE, La.) -- Less than 24 hours before the environmental “trial of the century” was set to begin, the presiding judge, BP and lawyers representing a coalition of plaintiffs agreed on Sunday to postpone its start one week in order to allow room for a possible settlement.

“This is the biggest liability suit in the history of the world,” New Orleans environmental litigation attorney Stuart Smith said.  “Just writing a check for this is not that easy.  The damages are still occurring, and the oil is still washing up on the shores.  The challenge for BP to settle now is there are too many moving parts.”

MOEX, one of the minority partners in the doomed Deepwater Horizon well, settled out of court with the federal government last week for $90 million, after a $220 million settlement that rig operator Transocean made with the government.

If the case against BP goes to court, the total estimated payout for BP in punitive damages and government fines is predicted to be in the tens of billions of dollars.

BP’s Deepwater Horizon well exploded on April 20, 2010, killing 11 rig workers and spilling nearly 200 millions of gallons of crude oil into the Gulf of Mexico for 86 days.

Officials from BP and the coalition of plaintiffs’ attorneys calling itself the Plaintiffs’ Steering Committee would not comment on the details of any possible settlement being negotiated. Still, they agreed on Sunday to postpone the trial to March 5.

Emails released by the federal government show BP apparently knew that its initial estimates of the leak, officially at 42,000 gallons a day, were likely far higher.

The emails apparently show that BP actively tried to hide that information from the Coast Guard.  Government data later showed the spill to be a near open-hole situation, with 2.6 million gallons leaking every day.

Copyright 2012 ABC News Radio







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