Tag - Supreme Court
Apple has asked the Supreme Court not to listen to Samsung's appeal over the ongoing patent infringement lawsuit, a filing from Tuesday has revealed. Samsung's request to the Court in December asking it to hear a design patent case is being opposed by Apple, with the arguments that Samsung has already failed to prove it's innocence, and despite the attention the case has received over the years, it is "unexceptional" and should not be looked into further.
Contrary to some speculation that Samsung may have timed its formal request for a Supreme Court review of its first patent battle to specifically avoid paying the $548 million in damages it was order to produce by December 14, court records show the amount as indeed sent to Apple -- though if the Korean manufacturer is successful in its latest appeal, Apple could conceivably have to pay back the money. The award, down to about half the original $1.1 billion jury award for the copying, has been whittled down through numerous appeals and recalculations.
Samsung is yet again trying to escape the judgement against it, won by Apple. In a filing today making good on a promise made in August, the Korean device manufacturer is seeking a retrial of the first Apple versus Samsung smartphone patent battle, and is asking the Supreme Court to hear a design patent case for the first time since 1894.
After being largely ignored -- even after presenting evidence -- at the first bench trial and in the appeal of Apple's e-book antitrust conviction, four large industry groups representing the content creators and sellers of e-books have filed amicus curae ("friend of the court") briefs in support of Apple, urging the Supreme Court to overturn the rulings. The filings say that Amazon used loss-leader pricing to eliminate competition and abuse its monopoly, ultimately doing more harm to consumers than Apple has ever been accused of.
Following on from its petition for certiorari (request for judicial review), Apple has formally requested that the US Supreme Court overturn the appellate court decision that found the appeals court mostly in agreement with Judge Denise Cote's original finding that Apple had conspired with publishers to raise the price of e-books in an effort the iPhone maker (and the publishers) have repeatedly said was intended to open the market to competition and diversify the number of publishers by making the industry viable.
A Supreme Court docket entry revealed on Wednesday that Apple will file a petition to have the court overturn its 2013 conviction of leading a conspiracy to fix e-book prices. The request for time to file a petition for certiorari was filed by former Solicitor General Seth Waxman, now of the WilmerHale legal group, and Theodore Boutrous of Gibson, Dunn & Crutcher. The original conviction was handed down in a bench trial by Judge Denise Cote, but was upheld on appeal this past June by two of the three judges on the federal panel.
The battle between Google and Oracle could be heating up again in the near future, as the search giant has petitioned the US Supreme Court to review the case for a final ruling. Previously, the US Court of Appeals for the Federal District overturned a lower court ruling that found Google didn't infringe upon Oracle copyright by using pieces of open-source Java APIs in Android without a license.
Aereo is "figuratively bleeding to death," according to a court filing made last night by the Supreme Court-impacted Internet video service. The filing cites "staggering costs" that it is still paying to stay alive as a business entity while the court and the US Copyright Office debate if it should be treated like a cable company, as the Supreme Court alluded in its ruling against Aereo.
Nascent television streamer Aereo appears to be in rough shape, above and beyond just the Supreme Court ruling, and US Copyright Office declarations. The company's subscriber numbers are dismal, with a total of 77,596 subscribers at the end of 2013, making it unclear what traction the service may have if it continues operation, or has to raise its rates in the wake of defeats it has been dealt recently.
Last month, the Supreme Court of the United States (SCOTUS) ruled that law enforcement agencies would need a warrant to access information on a cell phone in criminal cases. While the ruling was thought to be an outright win for privacy, it appears that the fight isn't over yet. Law enforcement agencies and advocacy groups are decrying the ruling, believing the need for a warrant to search held devices to be too strong a requirement. Analysts, on the other hand, believe that the fight could take 20 years to sort out.
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Seagate 3TB unreliability suit expands
The Seagate 3TB class-action hard drive lawsuit has been expanded to more devices. The expanded suit, filed today, now includes Seagate's Barracuda 3TB Hard Disk Drive, Desktop HDD 3TB, Backup Plus 3TB External Hard Disk Drive, GoFlex 3TB External Hard Disk Drive, or any other Seagate hard drive with model number ST3000DM001. The law firm, Hagens Berman, is seeking information from consumers such as time in service, purchase price, and the nature of any drive received in return from Seagate as a replacement for a failed unit. http://bit.ly/1Pc34Cq
BlackBerry Canada, Florida hit with layoffs
The BlackBerry campus has reportedly been wracked with layoffs. Sources familiar with the company's Waterloo office staffing claim that close to 35 percent of the local workforce has been laid off, with the deepest cuts being made in the BlackBerry 10 OS and hardware teams. Additionally, the state of Florida has been officially notified that the company's Sunrise facility will see 75 people fired. Enthusiast site Mobilesyrup puts the layoffs at around 1000 total. http://bit.ly/1Pc1Rep
Instagram tests multiple account support for iOS
Instagram is trialling support for multiple accounts in its iPhone app with a small number of users. The Facebook-owned photo sharing service confirmed the reports of the tests to TechCrunch, which will allow a single user to manage more than a single account within the app, transferring between two or three accounts with a few taps. It is unclear when the feature will roll out to the public, but it has previously tested it with the Android version of the app since November. http://tcrn.ch/1SPKEKh
Foxconn CEO declares Sharp deal near done
The Foxconn bid for Sharp is allegedly only waiting on specific details of the deal. Foxconn CEO Terry Gou has declared that his company has privileged negotiation rights for the Apple iPhone screen supplier, saying that "we have a consensus, the rest is a process ... I don't see a problem completing this process." Gou hopes the deal, worth up to $5.6 billion, will be formalized by the end of February. http://reut.rs/1SPEQjN
MIT demoes 'Eyeriss' AI chip for mobile
At the International Solid State Circuits Conference in San Francisco this week, MIT researchers presented a new chip designed specifically to implement neural networks. The researchers claim that "Eyeriss" is 10 times as efficient as a mobile GPU, so it could enable mobile devices to run artificial-intelligence algorithms such as Siri or Cortana, rather than uploading all data to a remote server for processing. http://bit.ly/1TISJBe
Pocket for iOS adds readability settings
Offline reader iOS app Pocket has updated, with reader-friendly changes. With the new revision, premium subscribers can adjust character spacing, and choose from eight new fonts including one that makes it easier for sufferers of dyslexia to read saved content. The app itself is free, with a premium subscription available for $5 a month, or $45 a year. http://apple.co/1KuILBl
XCOM 2 ships on Steam for Mac, Windows
Feral Interactive today announced that the highly anticipated turn-based strategy game XCOM 2 is out now for OS X and Windows, and is available to buy through Steam and through the Mac App Store shortly. The sequel to the popular XCOM: Enemy Unknown, XCOM 2 is available as a standalone base game and as the XCOM 2 Digital Deluxe Edition. The XCOM 2 Digital Deluxe Edition comprises the base game, the Reinforcement Pack and the XCOM 2 digital soundtrack. Versions start at $60. http://bit.ly/1KuEFsX