UK court: Apple not required to publicly admit Samsung didn't copy iPad, for now
According to Bloomberg, Apple has been granted a stay on an embarassing ruling that called for the company to issue a statement on its UK website admitting that Samsung did not copy the iPad's design. Just over a week ago, Judge Colin Birss ordered Apple to make the admission both online (where it would need to remain visible for six months) and in a number of British newspapers, but a London court today ruled in favor of delaying such a public shaming until Apple has the chance to argue its appeal in October. The company maintains that displaying such a notice would essentially act as free advertising for a major competitor. "No company likes to refer to a rival on its website," said Apple's lawyer Richard Hacon following the initial ruling. Of course, Apple could very well lose its appeal and be forced to honor the original, humbling punishment. For now, though, it can shift focus back to the US as both sides prepare for yet another high-profile courtroom confrontation.
http://www.theverge.com/2012/7/26/3189070/uk-court-grants-apple-stay-samsung-ipad-design
Judge sanctions Samsung for destroying evidence in infringement case against Apple
A federal judge in California has sanctioned Samsung for destroying e-mail evidence in its ongoing patent infringement case with Apple. In an order issued Wednesday, Magistrate Judge Paul Grewal wrote that Samsung "failed to prevent the destruction of relevant evidence" that Apple could have used in court, claiming that the Korea-based company could have done more to preserve company e-mails. As a result, Grewal granted Apple's request for an "adverse jury instruction," and agreed to inform jury members that Samsung improperly handled evidence.
Under Samsung's current system, all company e-mails are destroyed after two weeks, unless saved by employees. Samsung instructed employees to save relevant e-mails, but Judge Grewal said the company never verified that its orders were being followed. The judge also pointed out that Samsung could have disabled the system altogether. Instead, the manufacturer continued to automatically delete potentially significant e-mails even after the court case had already been filed.
"In effect, Samsung kept the shredder on long after it should have known about this litigation," Grewal wrote. The judge was careful to note that Samsung may not have acted in bad faith, though he did criticize the company for taking a "mend it don't end it" approach to its auto-delete e-mail system. His order also leaves it up to the jury to decide whether Samsung's infraction is critical to their verdict.
A Samsung spokesman said the company plans to appeal Grewal's order, noting that an ITC judge ruled in its favor after Apple filed similar accusations earlier this year.
http://www.theverge.com/2012/7/26/3187783/judge-sanctions-samsung-apple-patent-trial-evidence
- the iPhone is heavy and built strong
- it doesn't have a removable battery or SD card because it adds weight and it's better not to have them.
Seriously, I really hope that is a wind up..
I knew they'd get a stay on that.
Naughty Samsung.![]()
Meanwhile in Germany Apple lost their appeal: http://www.engadget.com/2012/07/26/apple-denied-galaxy-nexus-and-tab-ban-in-germany/
Meanwhile in Germany Apple lost their appeal: http://www.engadget.com/2012/07/26/apple-denied-galaxy-nexus-and-tab-ban-in-germany/
Documents show Samsung fixated on a 'Beat Apple' strategy, but did it cross the line?
http://www.theverge.com/2012/7/27/3192614/samsungs-beat-apple-strategy-copying-court-documents
The iPad that never was: kickstands, curves, and 'highly confidential' Apple prototypes revealed
http://www.theverge.com/2012/7/26/3...eal-multiple-ipad-iphone-prototypes-kickstand
Not just Apple and Samsung at it over patents. This time Microsoft and Motorola (Google) in Germany:
http://www.fosspatents.com/2012/07/with-german-fat-patent-ruling-microsoft.html
It's odd that Google haven't leaped to the defence of Samsung, when just last year was it, they transferred some patents across to HTC in order to help them out in a court case.
Apple argues in the alternative that Samsung‘s proposed royalty is not fair and reasonable,
19 but Samsung‘s opening offer to Apple is consistent with the royalty rates other companies charge
20 for use of their standards-essential patents. Moreover, Apple never even made a counteroffer.
21 Instead, it simply rejected Samsung‘s opening offer, refused to negotiate further and to this day
22 has not paid Samsung a dime for Apple‘s use of Samsung‘s standards-essential technology.