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Updated: Apple Sues Samsung - Apple Wins Patent Case

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Request Mods to rename this topic as "Patent Wars - What Is Going On" for our discussion has widened scope.

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Google swings new mobile unlock patent punch at Apple

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Two-icon widget comes in nick of time for Android overlord

By Anna LeachGet more from this author

Posted in Software, 17th February 2012 13:02 GMT

In a well-timed stroke of luck for Google, a patent for unlocking mobile devices that it filed in August 2010 was granted to the Chocolate Factory earlier this month. The patent details a method for unlocking a computer with user inputs including touch and will provide Google's phone partners with some welcome relief after Apple's recent win on their slide-to-unlock patent in Germany.

google_unlock_patent.png

A German court ruled yesterday that Motorola's Android phones were infringing on Apple's patent on using a slide motion to unlock the screen on a mobile device. Motorola will appeal and claim it will not affect sales of current devices, but it raises the danger that other Android phones in Germany would be vulnerable to the same ban.

Google's new patent covers using touch to take a computer device from a locked to an unlocked state. It could give the next generation of Android phones a legally-safe unlock option and offer much needed relief for Motorola, Samsung and HTC from the headache of Apple's persistent lawsuits over the feature.

Google filed the patent back in August 6, 2010, 11 days before Apple were awarded theslide-to-unlock patent on 17 August 2010 which has caused so many lawsuits in the past 18 months.

google_unlock_patent_2.png

The uniqueness of Google's new unlock idea comes from bundling the unlock command with a second command to launch an application. To open the device, the user might drag an icon (say email) over the unlock button and simultaneously unlock the phone while firing up their email account.

The patent also comprises a voice-recognition-to-unlock method.

It will be welcome news to the phone-makers keen to start building the next generation of Android phones.

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Its interesting to know that Apple has a patent for Airplane mode - now how many will pay royalty for it - it was just granted last week.

http://www.patentlyapple.com/patently-apple/2012/02/apple-granted-19-patents-covering-bend-switches-specialty-display-films-airplane-mode-functionality-macbook-protection-mec.html

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Patent for "Airplane Mode" to Apple.. Wow... don't know where this WAR would end..

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The one who issues patent has to be ______ed to death.... Airplane mode is there in many handsets, even before the iPhone was born....

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This patent war is really turning into blockbuster novel. Apple is issuing and is sued by others in various parts of the world. now Motorola forced apple to stop push mail in Germany...

Motorola forces Apple to disable iCloud push email in Germany

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Users of Apple's iCloud service in Germany won't be getting push notifications from iCloud: instead, they have to configure their iOS devices to periodically poll for new messages.

Remember earlier this month when Motorola won an injunction against push notifications of new email from Apple’s iCloud service in Germany? Apple didn’t do anything about it, so Motorola went back to the court and demanded the injunction be enforced. As a result, Apple has been required to disable push notifications for new email to iOS devices in Germany. Users will have to reconfigure their software to periodically poll to see if any new messages have arrived. Apple has posted instructions (English, German) for checking mail for both its iCloud and MobileMe services. No other features of iCloud or MobileMe are impacted.

Apple still maintains Motorola’s patent on the push service is invalid, and is appealing the decision that led to the injunction. The Motorola patent in the case substantially predates smartphones: Motorola applied for (and received) the patent way back when it was a leading player in the pager market.

The fact Motorola moved to have the injunction against push notifications from iCloud enforced indicates the company’s confidence that its patent will be upheld. If the patent is later declared invalid, Motorola would be on the hook for damages to Apple incurred as a result of enforcing the injunction.

The shutdown of push notifications from iCloud and MobileMe in Germany marks the first time Apple customers have been directly impacted by the very broad patent battles in the mobile industry—although earlier this month Apple had to briefly remove a few iOS products from its German online store.

The injunction is part of a broader patent battle between Apple and Motorola, which is in the process of being acquired by Google. Apple has also lodged an antitrust complaint against Motorola, arguing the company is abusing FRAND (fair, reasonable, and non-discriminatory) licensing terms for patents essential to 3G communications technology used in the iPhone and iPad—Microsoft is also making similar accusations against Motorola. However, unlike the standards-essential patents in those disputes, the push-email technology is not included in any standard patent bundle, and the dispute between Apple and Motorola over the patent’s validity is separate from their dispute over mobile technology standards.

Edited by csmart

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Apple mulling settlement with Samsung. this is going against Steve Jobs: "i'm going to destroy Android because it's a stolen product. I'm willing to go thermonuclear war on this".

Read more here....

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Apple vs Samsung: CEOs set to meet Monday in patent talks

Apple boss Tim Cook and his Samsung counterpart Choi Gee-sung will meet in a San Francisco courthouse on Monday to try to sort out a long-running patent dispute.

The CEOs of two of the world’s biggest tech companies will face each other in a California courthouse on Monday as they seek to disentangle themselves from a patent dispute that has been hanging over the firms for more than a year.

Apple’s Tim Cook and Samsung’s Choi Gee-sung were ordered last month by US federal judge Lucy Koh to attend the so-called settlement conference where the two firms will be expected to make a serious effort to resolve their differences. If no settlement is reached, the case is likely to go to trial late July.

The patent dispute kicked off in California in April 2011 when Apple accused Samsung of “slavishly” copying elements of the iPhone and iPad in the design of its Galaxy line of mobile handsets and tablets. Samsung countersued, claiming that the Cupertino-based company had infringed some of its patents. Since then, lawyers at both companies have been working overtime, filing around 50 patent-related lawsuits in 10 countries.

The two company bosses will meet in a courthouse in San Francisco, overseen by magistrate judge Joseph C. Spero. Both will be accompanied by their legal teams as they talk through the details of the dispute.

On Sunday, a leading executive at the South Korean electronics giant, JK Shin, told Reuters that Samsung was keen to find some common ground with Apple in a bid to sort out the ongoing issue.

“There is still a big gap in the patent war with Apple but we still have several negotiation options including cross-licensing,” said Shin, who will be present at the talks.

Even if tomorrow’s talks between the two companies go well, it’s expected to be some time before any actual deal is reached. It’s safe to say that the final chapter of the Apple-Samsung patent dispute story is far from being written.

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Judge dismisses the case filed by Apple and Motorla against each other and they cannot refile it. In a way a good judgement for the industry.

Read more here..

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Apple wins.. Samsung barred from selling Galaxy Tab 10.1. But with new Tab, does it mean anything.

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A major setback for Samsung. Court barred Samsung from selling Nexus in US.

Samsung Barred From U.S. Nexus Phone Sales in Apple Suit

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Samsung Electronics Co. (005930), the world’s biggest maker of mobile phones, was barred from selling its Nexus smartphone in the U.S. by a second court ruling this week in its global patent dispute with Apple Inc. (AAPL)

The ruling by U.S. District Judge Lucy Koh in San Jose, California, follows her June 26 order blocking U.S. sales of Samsung’s Galaxy Tab 10.1 computer in the patent and trademark- infringement lawsuit over smartphones and tablets. On June 7, Koh expedited evidence sharing for Apple’s bid to block sales of Samsung’s newest Galaxy smartphone, the Galaxy S III.

“Although Samsung will necessarily be harmed by being forced to withdraw its product from the market before the merits can be determined after a full trial, the harm faced by Apple absent an injunction is greater,” Koh said in her ruling yesterday. “Apple’s interest in enforcing its patent rights is particularly strong because it has presented a strong case on the merits.”

The world’s two biggest makers of high-end phones have accused each other of copying designs and technology for mobile devices and are fighting patent battles on four continents to retain their dominance in the $219 billion global smartphone market. After rejecting Apple’s repeated requests for injunctions blocking sales of Samsung products, Koh, following an appeals court ruling in Apple’s favor, has granted Apple two important injunctions this week.

‘Big Deal’

“It’s a big deal,” said Carl Howe, an analyst with Yankee Group, a Boston-based technology research firm. “Samsung is perhaps the best and most successful challenge to Apple in the smartphone business, so to win an injunction against your biggest competitor is pretty profound.”

Taken with the earlier ruling on the Galaxy Tab, he said, “It does imply that there will be problems for Samsung.”

Samsung accounts for 29.1 percent of global shipments of smartphones, according to market research firm IDC. Cupertino, California-based Apple is second with 24.2 percent, IDC said.

Apple has sought to bar as many as 25 Samsung smartphones in addition to the Nexus model covered by yesterday’s ruling, including the latest, the Galaxy S III. The Nexus phone was the first smartphone to run Google’s Android version 4.0.

“Samsung is disappointed, as the court’s decision will restrict U.S. consumer choice in the smartphone market,” Adam Yates, a Samsung spokesman, said in an e-mailed statement. “We will take all available measures, including legal action, to ensure the Galaxy Nexus remains available to consumers.”

Biggest Suppliers

Outside courtroom battles, Samsung and Apple also have a close business relationship. Samsung is one of Apple’s biggest suppliers, making parts including semiconductors and screens. About 7.6 percent of Samsung’s revenue comes from Apple, according to data complied by Bloomberg.

Earlier this week, Kim Young Chan, a Seoul-based analyst at Shinhan Investment Corp., said Samsung’s “fundamentals will stay intact” so long as smartphone sales aren’t blocked. Samsung, which doesn’t disclose shipment figures for smartphones and tablets, sold 44.5 million smartphones globally in the first quarter, according to market researcher Strategy Analytics. Apple is the biggest buyer of Samsung chips and displays.

Delay Request

Kevin Johnson, a lawyer for Samsung, said the Suwon, South Korea-based company will request by tomorrow afternoon to delay the order from taking effect.

In her order, Koh said Apple had shown that four of its patents are likely valid and infringed by the Samsung phone. Earlier yesterday, Koh said in court that she would rule by tomorrow on Samsung’s request to delay the ban on U.S. sales of the Galaxy 10.1 tablet.

Samsung argued in a court filing that Koh’s order on the tablet is “improper” and should be lifted while the company appeals the ruling. The court relied on old evidence and has refused to consider newer evidence demonstrating that a patent at issue in the case is invalid, according to the filing.

Apple has previously said it isn’t a coincidence that Samsung’s latest products look like the iPhone and iPad. It has said the “blatant copying” is wrong and that it needs to protect its intellectual property.

Kristin Huguet, a spokeswoman for Apple, declined to comment yesterday beyond the company’s earlier statement.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 12- cv-00630, U.S. District Court, Northern District of California (San Jose). The tablet case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-1846, U.S. District Court, Northern District of California (San Jose).

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Whichever company produced the first flat tv, did it sue all the companies that joined the party late? Apple is showing its insecurity by filing all these suits.

If they are so sure of their product superiority as are their fanbois, even an exact copy with a different logo shouldn't be a threat to them.

I am basically talking in context of tab. Don't know much about gnex suit details.

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Apple is bieng sued by another Chinese co for use of Siri in China. Co alleged that it has patent over voice assistant since 2006 and is being used by many cos in China.

Shanghai Company Sues Apple Over Siri for Alleged Patent Infringement

By Michael Kan, IDG News Jul 6, 2012 10:20 am

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Apple has become the target of another lawsuit in China, this time because of its Siri technology, with a Shanghai-based company alleging that Apple has infringed on a patent involving its own personal assistant software.

The company, Shanghai Zhi Zhen Internet Technology, is the developer of software called "Xiao i Robot" that communicates through voice, and can answer users' questions while also holding simple conversations. In 2004, the company applied for a patent in China covering the technology, and was later granted it in 2006.

"We have a 100 million users in China, and many companies are using our product," said the company head Yuan Hui, in an interview on Friday. The software is available for Android, iOS, Windows Live Messenger, and is used by products from China Telecom, China Mobile, as well as major banks in the country.

Apple's Siri, which is also a personal assistant software, became available in China starting early this year, when the iPhone 4S was officially launched in the country. Last month, Apple said it had incorporated Chinese Mandarin and Cantonese languages into Siri.

In May, Zhi Zhen Internet Technology contacted Apple about the alleged patent infringement. A month later, the company filed a lawsuit against Apple in a Shanghai court, which has accepted the case, Yuan said. "Our only demand is that Apple stop infringing on our patent," he said.

Apple did not immediately respond to a request for comment.

The patent lawsuit is one more legal battle Apple has to deal with in China. Earlier this week, a Chinese court announced Apple had to pay US$60 million to buy ownership of the "iPad trademark" in China from a local company.

Another Chinese company, called Jiangsu Snow Leopard Household Chemical, has also said it is suing Apple for trademark infringement because a version of the Mac OS X also uses the Snow Leopard name in Chinese.

"Apple is a major company, and so it will be hard for it to avoid these legal disputes. If you are a big company you will attract controversy," said Zhao Zhanling, an expert on China's IT laws.

Some of these legal battles involve legitimate grievances, according to Zhao, such as in the case of a group of Chinese authors suing Apple for allegedly hosting pirated e-books on its App Store.

But others, including the trademark infringement case being brought by Jiangsu Snow Leopard Household Chemical, appear to be more about generating promotion, he said. "There is a low likelihood that Jiangsu Snow Leopard will win the case," he said. "They are just sensationalizing themselves, and perhaps want to try to make some money from trademark licensing from Apple."

Zhao declined to comment on Zhi Zhen Internet Technology's lawsuit against Apple because he was not familiar with the patent at the center of the dispute. Zhi Zhen Internet Technology, however, is dismissing any criticism that the company is suing Apple at an opportune time to try and gain something from the U.S. tech giant.

"People feel that China has no innovation, that companies here just copy. But this is a misunderstanding," Yuan said. "We are a leader in our field, and we have created our own innovation."

Yuan declined to comment on whether his company would sue other developers of similar personal assistant technology in China.

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Galaxy Nexus ban temporarily suspended while appeals court issues decision

The Court of Appeals for the Federal Circuit just suspended the ban on Galaxy Nexus sales at Samsung's request, pending a formal response from Apple. The court's decision to suspend (or "stay") the ban will last only until Apple can respond and the court decides whether or not the ban should be in effect throughout the rest of the patent infringement trial. If you're keeping track, that's a temporary stay of a temporary injunction, so that's a fun bit of legal procedure for a late Friday afternoon. The court declined to stay the ban on the Galaxy Tab 10.1, however.

In the end, this may not matter much — although Google has already pulled the Galaxy Nexus from its Play store, the company says the phone will be back on sale next week with Android 4.1 Jelly Bean and a software workaround for the Apple patent on unified search that triggered the ban in the first place.

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This is what a judge in UK said for Galaxy Tab "Uncool"...

Galaxy Tab isn't cool, says judge

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It's not often that a manufacturer breathes a sign of relief on being told its products are uncool. But that's what happened to Samsung yesterday in the UK.

galaxy_tab_10_1.jpg

High Court judge Colin Birss ruled that the Galaxy Tab 10 couldn't be confused with Apple's iPad, and that there was no justification for an import ban. "They are not as cool," he said. "The overall impression produced is different."

Birss cited the thinness of the Samsung design - 'almost insubstantial' - and said it lacked the iPad's understatement and simplicity. The Samsung tablet also had more detailing on the back. Users wouldn't confuse the two devices, he concluded.

Samsung's welcomed the decision, calling Apple's legal claims 'excessive', and saying that asserting them elsewhere, as Apple has been doing, will hamper innovation and user choice.

Apple has three weeks to appeal.

It's the second blow for Apple in the British courts in less than a week. Last Thursday, a judge thereruledthat its slide-to-unlock patent was obvious, given a similar feature in a Swedish phone released back in 2004.

And, in the US on Friday, an appeals court lifted a ban on sales of the Galaxy Nexus smartphone - although sales of the Galaxy 10.1 tablet remain on hold until a full trial begins on July 30.

Here, Apple's going after as many Samsung products as possible, with 19 devices claimed to infringe design patents, although some of these claims may still be dropped.

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Apple vs Samsung war will never end. I dont understand why cant samsung just stop providing them the internal components like pocessor etc. This will have a great impact on apple and will make them learn their lesson

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Apple vs Samsung war will never end. I dont understand why cant samsung just stop providing them the internal components like pocessor etc. This will have a great impact on apple and will make them learn their lesson

Its pure business. If Samsung dont sell them parts, then some body else would. It generates good revenue for samsung. So why kill the golden goose?

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Its pure business. If Samsung dont sell them parts, then some body else would. It generates good revenue for samsung. So why kill the golden goose?

To an extent yes but i feel that samsung has a good edge over other manufacturers thats the reason i feel apple is still sticking to samsung or else i feel by now apple would hv gt fed up of samsung copying so many of their product features and they would hv easily shifted to some other supplier

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Samsung Electronics earns about 8% from Apple so in no way it can't stop supplying.

Edited by csmart

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The judge that ruled Samsung tablets couldn't have copied the iPad because they are "not as cool" has hit the headlines again.

Bloomberg reports that Judge Colin Birss has ordered Apple to publish a notice on its UK website informing customers that Samsung's tablets did not copy Apple's iPad designs. The London court judge has further directed Apple to publish similar notices in British newspapers and magazines, to counter any negative impression the public may have about Samsung's tablets as a result of Apple's claims.

This, effectively, means Apple will have to pay for advertising Samsung's products. Richard Hacon, a lawyer representing Apple, told the court "No company likes to refer to a rival on its website."

Judge Birss, however, declined Samsung's attempt to stop Apple from making further public comments that Samsung's tablet had infringed its design reports, saying "They are entitled to their opinion".

Samsung released a statement after the hearing which said, "Should Apple continue to make excessive legal claims based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

Apple has not released any comments as yet on the latest developments.

Judge Colin Birss had earlier ruled Samsung's Galaxy tablets did not infringe the U.S company's designs for the iPad because they were "not as cool". (See: Samsung wins case against Apple because it's "not as cool")

"They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool", he said. "The overall impression produced is different."

source http://gadgets.ndtv.com/tablets/news/apple-s-schoolboy-punishment-publish-samsung-didn-t-copy-the-ipad-244980

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A court in Korea bans some Samsung and Apple devices..

more here..

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I feel jury was not open minded. US is great Apple fan and can believe it without doubting. I am not saying Samsung has copied or not copied. This verdict also means less competition and Apple will able rob more and more people.

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Let's hope there is no more sheep in higher courts for further appealing by Samsung...

Sent from my iPhone like looking (for sheeps) Galaxy Nexus using Tapatalk 2

Edited by KanagaDeepan

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the dumb Americans who provide these meaningless patents(rectangle with rounded edges) are to be blamed...

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