Later today, then, a judge with the US International Trade Commission, or ITC, filed an initial determination that said that Samsung is actually in violation of one of Apple’s iPhone design patents, as well as three other software patents. Two other claims were found not to be infringement.
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Two iPhone users claim Apple has violated the Sherman Act and the Digital Millennium Copyright Act by locking their handsets to the AT&T network without their permission. They’re now suing the Cupertino company in an effort to get their iPhones unlocked, and for monetary damages. They also want a restraining order that will prevent Apple from locking its smartphone to carriers completely.
Samsung has asked Judge Lucy Koh to throw out the patent infringement verdict that saw Apple awarded more than $1 billion in damages this summer and order a new trial. The Korean electronics giant claims that the foreman of the jury, 67-year-old Velvin Hogan, is guilty of misconduct after he failed to answer the court’s questions truthfully and did not disclose a potential conflict of interest.
Apple’s lengthy battle with Samsung came to a close last Friday when a jury decided Samsung was guilty of infringing six of Apple’s patents, and that it must pay more than $1 billion in damages as a result. Not only was this a huge blow to Samsung, but it appears it’s also hit the Korean company’s customers, too.
One used electronics company has seen a 50% growth in the sale of Samsung devices as customers “jump ship” following its loss.
It isn’t too difficult to understand why the jury involved in the Apple versus Samsung case made the verdict it did last Friday, awarding Apple a landslide victory and more than $1 billion in damages. But what isn’t clear is how the jury came to its decision. Thanks to Jury Foreman Vel Hogan, we now have a fascinating insight into what it was like to be part of that panel.
In his first TV appearance since the billion dollar patent trial came to an end, Hogan reveals how he made up his own mind, how the jury decided on the damages Samsung must pay Apple, whether feelings and emotions influenced the jury’s decision, and more.
We’ve already seen Tim Cook’s memo to Apple employees following the company’s landmark victory over Samsung last Friday. As expected, Samsung’s isn’t quite as upbeat or as celebratory. Released today, the Korean company’s announcement insists that it tried to settle with Apple out of court, but that Apple “pressed on with a lawsuit.” It also notes that the verdict “starkly contrasts” those recently made by courts in a number of other countries.
According to the Wall Street Journal, a Seoul court ruled that Apple has infringed on two of Samsung’s patents. In addition, Apple must stop selling the infringing products in South Korea. Apple isn’t the only one at fault here, as the court also ruled that Samsung had infringed upon Apple’s “bounceback” patent. According to the WSJ’s Evan Ramstad:
Looks like a split decision overall in South Korea court, but Samsung faring better than Apple with judges.
In addition, Reuters reports that Apple has been given a small fine of roughly $35,400.
An internal Samsung email was submitted today into evidence in the Apple vs. Samsung case being heard in Northern California. In the correspondance, head of mobile communications for Samsung JK Shin praises the iPhone, and describes the difference between his own company’s user experience and that of the iPhone as “the difference between heaven and earth.”
It’s fairly rough evidence for the Korean electronics maker, who had tried to keep the document out of the trial until a misstep today by Samsung legal counsel John Quinn, who mentioned the phrase “crisis of design” from the email, allowed it to be admitted.
Apple went after Samsung today in the most direct and perhaps damaging interchange, yet, using Samsung’s own internal documents to prove Apple’s claim that Samsung’s practices go beyond mere competition and are truly copyright infringement.
Apple called Justin Denison, Samsung’s chief strategy officer, to the stand today. Attorney for Apple Bill Lee, after some preliminary questioning, went right for the jugular, directly calling out Samsung, and asking Denison point blank if Samsung had copied Apple products. Denison denied the claim, and then Lee pulled out a set of internal documents from Samsung. Some of the titles of these reports were pretty incriminating.
Remember the excluded Samsung documents we told you about yesterday? The ones that Samsung sent out to the media after they had been denied the ability to enter them into court? We told you how Samsung’s lawyer, John B. Quinn, argued that sending them along to journalists was neither unethical nor illegal. Apple has a different opinion, which they filed in court today.