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Samsung plans appeal to U.S. Supreme Court in never-ending patent war with Apple

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Following a request for a rehearing of its battle with Apple earlier this summer, Samsung last week had its plea denied by the U.S. Federal Circuit Court of Appeals, putting the case on its last leg. Samsung was hoping that the federal appeals court would reconsider the U.S Federal Circuit Court’s decision to uphold damages from a 2012 ruling. Following last week’s rejections, Samsung’s final option would be to appeal to the U.S. Supreme Court, and now it appears that the company is doing just that.

The San Jose Mercury News reports that Samsung is planning to ask the Supreme Court by November to hear its appeal regarding the 2012 iPhone patent case. “The questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries,” Samsung’s legal team said. The Supreme Court has until the end of its term next June to decide if it wants to take the case.

Earlier this week, the U.S. Patent Office invalidated Apple’s original iPhone patent involved in this Samsung lawsuit, but as we noted at the time, that likely won’t have much effect on the case. The verdict in the Samsung v. Apple case was decided three years ago and saw Apple awarded $1B in damages with the jury finding that Samsung infringed five of its patents. $450M of that award was later vacated after calls for a retrial. Apple was then given a lower award of $290M, making for a grand total of $930M.

The Supreme Court appeal is seemingly Samsung’s last shot at getting more of the damages vacated, and given that its last appeal request was denied without even a comment from the Court of Appeals, the company doesn’t have much of a leg to stand on with the Supreme Court.

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Filed under: AAPL Company Tagged: appeal, Apple, court, legal, Samsung, Supreme Court

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Chance Miller

August 19th

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Court rejects Samsung’s latest appeal request in never-ending patent case

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In its seemingly never-ending legal battle between Apple, Samsung earlier this summer asked a federal appeals court to reconsider the U.S Federal Circuit Court’s decision to uphold damages from a 2012 ruling. Today, San Jose Mercury News reports that the U.S. Federal Circuit Court of Appeals has rejected Samsung’s request to have its case reheard.

The Federal Circuit denied the request without comment, leaving Samsung’s only remaining option as the U.S. Supreme Court. Samsung’s request for a rehearing was backed by several other tech companies last month, including Google, Facebook, Dell, HP, eBay, and many others.

 Without comment, the U.S. Federal Circuit Court of Appeals rejected Samsung’s bid to reconsider a previous ruling largely backing Apple — leaving the U.S. Supreme Court as the only legal option left for Samsung to try to overturn hundreds of millions of dollars in damages it now owes Apple in their ongoing patent feud.

Samsung had urged the Federal Circuit to rehear the case with its full 12-judge roster, arguing that a three-judge panel erred earlier this year when it left intact a jury’s verdict that the South Korean tech giant’s smartphones and tablets infringed on Apple’s design patents.

The original verdict in the Samsung v. Apple case was handed down nearly three years ago and saw Apple awarded $1B in damages with the jury finding that Samsung infringed five of Apple’s patents. $450M of that award was later vacated and a retrial ordered to determine a revised sum, with Apple awarded a lower sum of $290M – for a grand total of $930M.

With Samsung’s latest request for a rehearing denied, it now can turn to the U.S. Supreme Court as its last-ditch effort to have its case reconsidered. It appears that after more than three years of back and forth, this case my finally be coming to an end. Maybe.


Filed under: AAPL Company Tagged: appeal, Apple, court, legal, ruling, Samsung

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Chance Miller

August 14th

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Apple’s ebook settlement may not be quite so settled as judge expresses concern

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Just as we thought Apple’s long-running ebooks suit might finally be settled, the out-of-court agreement has been thrown into doubt. The judge required to approve the settlement terms has expressed concern that they may be unfair to consumers, reports Business Insider.

U.S. District Judge Denise Cote in Manhattan said she found “most troubling” a clause requiring Apple to pay only $70 million if an appeals court reversed her finding that the company is liable for antitrust violations and sent it back to her for further proceedings.

Apple was found guilty of price-fixing, an allegation it always denied and is currently appealing. To speed things up, lawyers on both sides agreed what would happen for each of the three possible outcomes of the appeal.

If Apple wins the appeal, it will pay nothing. If it loses the appeal, it will pay $50M in legal costs and $400M to a compensation fund for consumers. The contentious part is what happens if the appeals court overturns the original verdict but sends the case back for new proceedings. In this event, the proposal is that Apple would pay just $70M, of which the compensation fund would receive $50M.

Cote questioned if that would be fair and what might happen if the appeals court reversed her ruling on a minor issue.

This is not the first example of post-trial arguments, Apple having earlier called for the removal of the court-appointed antitrust monitor, a request rejected by the court.


Filed under: AAPL Company Tagged: appeal, Apple, Denise Cote, e-books, ebooks, ebooks trial, Manhattan, price-fixing, United States Department of Justice, United States federal judge, US District Judge Denise Cote

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Ben Lovejoy

July 25th

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Apple loses appeal over tablets in UK courtroom, must publicly apologize to Samsung

Apple and Samsung’s legal fight continued on the world stage this morning, where the Britain Court of Appeal upheld a previous ruling that Samsung’s Galaxy Tab does not infringe on the iPad’s patents because it is not “as cool.” Reuters reported that after losing the appeal this morning, Apple has been instructed by the court to apologize to Samsung by running ads on its website and in newspapers saying Samsung did not infringe on patents in at least Arial 14 font.

As we all know, other courts around the world have ruled otherwise. On the ruling, Samsung gave the boilerplate: “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.” A California court ruled this summer that Samsung owes $1 billion to Apple. Additionally, some of Samsung’s devices could be in jeopardy from being on the market.

Today’s ruling in Europe prohibits any other legal course regarding tablets and the iPad specifically. While the Court of Appeal denied Apple’s appeal today, the company can still appeal with the Supreme Court. The global legal battle is far form over, as it continues in roughly a dozen countries, with more trials scheduled for 2014. 



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Jake Smith

October 18th

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Apple faces delays in bid for sales bans in German Motorola case and US Galaxy Tab case

According to two separate reports today, Apple is once again facing roadblocks in its attempt to win sales bans in a patent-related litigation with Samsung and Motorola.

The first report comes from Bloomberg about a court in Dusseldorf, Germany, which said Apple would likely lose its bid for an injunction on Motorola’s Xoom tablet in the country:

The German court that banned Samsung Electronics Co.’s Galaxy 10.1 tablet sales last year is unlikely to grant Apple the same victory against Motorola Mobility’s device, Presiding Judge Johanna Brueckner-Hofmann said at a Dusseldorf hearing. The assessment is preliminary and may change after today’s arguments are reviewed. A ruling is scheduled for July 17… “We don’t think someone sits in a coffee house using the Xoom and hopes other people will think he owns an iPad,” Brueckner-Hofmann said.

The second report is related to the ongoing United States Samsung/Apple patent case. Today, CIO claimed Apple’s request to ban Samsung’s Galaxy Tab 10.1 was delayed due to a judge in California telling the court it will hold off on a ruling:

Apple’s bid to get a ban on sales in the U.S. of Samsung’s Galaxy Tab 10.1 tablet has been delayed after a federal court in California said on Monday it could not rule right away on Apple’s request for a preliminary injunction, while the matter is before an appeals court… The judge said Apple can renew its request for a preliminary injunction once the appeal court issues its ruling.



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Jordan Kahn

June 5th

Apple

Apple faces delays in bid for sales bans in German Motorola case and US Galaxy Tab case

According to two separate reports today, Apple is once again facing roadblocks in its attempt to win sales bans in a patent-related litigation with Samsung and Motorola.

The first report comes from Bloomberg about a court in Dusseldorf, Germany, which said Apple would likely lose its bid for an injunction on Motorola’s Xoom tablet in the country:

The German court that banned Samsung Electronics Co.’s Galaxy 10.1 tablet sales last year is unlikely to grant Apple the same victory against Motorola Mobility’s device, Presiding Judge Johanna Brueckner-Hofmann said at a Dusseldorf hearing. The assessment is preliminary and may change after today’s arguments are reviewed. A ruling is scheduled for July 17… “We don’t think someone sits in a coffee house using the Xoom and hopes other people will think he owns an iPad,” Brueckner-Hofmann said.

The second report is related to the ongoing United States Samsung/Apple patent case. Today, CIO claimed Apple’s request to ban Samsung’s Galaxy Tab 10.1 was delayed due to a judge in California telling the court it will hold off on a ruling:

Apple’s bid to get a ban on sales in the U.S. of Samsung’s Galaxy Tab 10.1 tablet has been delayed after a federal court in California said on Monday it could not rule right away on Apple’s request for a preliminary injunction, while the matter is before an appeals court… The judge said Apple can renew its request for a preliminary injunction once the appeal court issues its ruling.



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Jordan Kahn

June 5th

Apple

Federal appeals court revives Viacom’s $1 billion lawsuit against YouTube

A federal appeals court on Thursday revived Viacom’s $1 billion lawsuit against Google’s YouTube video-sharing website, The Wall Street Journal reported. The media conglomerate had alleged that YouTube allowed users to post unauthorized Viacom content between 2005 and 2008. The U.S. Second Circuit Court of Appeals remanded the case to a lower court, instructing a district judge to determine whether YouTube had knowledge or awareness of infringing material and if it was unwilling to remove it. “We are pleased with the decision by the U.S. Court of Appeals,” Viacom said in a statement. “The court delivered a definitive, common sense message—intentionally ignoring theft is not protected by the law.” Tensions between the two companies looked to be easing; just yesterday, Viacom-owned Paramount Pictures struck a deal with the Internet giant to allow more than 500 of its movies to be rented through YouTube and the Google Play marketplace.

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Dan Graziano

April 6th

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Consumer groups in 10 more EU countries seeking alterations to AppleCare


We reported several times about Italian anti-trust authorities fining Apple $1.2 million for “misleading consumers” in relation to AppleCare warranties. The decision made by the Autorità Garante della Concorrenza e del Mercato stated Apple’s 1-year AppleCare warranties were failing to inform consumers of a mandatory warranty of two years imposed by European Union law. Today we heard confirmation from Bloomberg that not just Italy, but consumer groups from 11 countries, requested that Apple make changes to its AppleCare policies and immediately halt its current “practices on the guarantees.”

Apple products say they come with a one-year warranty when European Union law requires manufacturers cover goods for two years, consumer groups in 11 countries, including Italy and Germany, said in an e-mailed statement today. The groups said they sent letters to national regulators seeking an immediate halt to Apple’s practices on the guarantees

The letter sent by consumer groups comes two days before Apple is set to appeal the $1.2 million fine imposed by Autorità Garante della Concorrenza e del Mercato on March 21. Apple already published the initial anti-trust decision on its website, but the group is asking Apple to also alter its warranty policies and publish a notice to consumers about the changes it made on Apple.com.


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Jordan Kahn

March 19th

Uncategorized

AU Optronics found guilty of US price fixing, appeal already in the works

AU Optronics has had its name bandied about in the courtroom before, most recently in a 2009 group suit where it was targeted for LCD price fixing. 'Course, LCD price fixing has been quite a popular pastime for a smattering of outfits, but it looks like AUO will be seeing the wrong end of the decision process here in the States. A US court found the Taiwanese company guilty in a case that could see it hit with a fine totaling as much as $1 billion. Yeah, with a b. As it goes, the outfit was charged as part of an alleged price-fixing group that operated between 1999 and 2006, but it was the only Asian LCD maker in that lot to plead not guilty. This here ruling comes after LG agreed to pay a $400 million fine in 2008, while Samsung talked itself into an early deal to sidestep prosecution. A pair of AUO execs were also found guilty, but its former CEO L.J. Chen (who is still hanging around in the top brass) was not. We're told that the company plans to appeal -- a process that could last as long as a year -- but that hasn't kept its stock price from sinking in the interim. First comes sliding LCD margins, and now the looming thought of a $1 billion slap on the wrist; suddenly, your woes don't seem so bad, huh?

AU Optronics found guilty of US price fixing, appeal already in the works originally appeared on Engadget on Thu, 15 Mar 2012 02:38:00 EDT. Please see our terms for use of feeds.

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Darren Murph

March 15th

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Motorola devices could be banned following loss in German patent spat with Apple

Apple on Thursday was granted an injunction on multiple Motorola devices that make use of its slide-to-unlock patent, FOSS Patents reports. The ruling came from Judge Peter Guntz of Munich’s Regional Court in Germany, and it allows Apple to enforce a permanent injunction against a number of Motorola’s Android devices at anytime. The court evaluated three different embodiments, two of which Apple won. The Cupertino-based company was unsuccessful on the third embodiment, which involved the Motorola XOOM. Both companies are expected to appeal the court’s ruling.

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Dan Graziano

February 16th

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