Copyright © 2016
Tag - Trial
Apple was handed a rare defeat in a patent case today, with virtual private network (VPN) company VirnetX granted a $625.6 million verdict in the FaceTime patent damages retrial. While the attorneys for VirnetX claim that this is the second time a federal jury has found Apple liable for infringing patented technology, the hearing was not about finding infringement for the devices in the first trial, but determining what damages VirnetX should be paid for Apple's continued unlicensed use of the company's technology.
Decision day is coming: we talked about this on the podcast and in print, but for people who signed up for the three-month free trial of the subscription component of Apple Music on its first day, the deadline to opt out of it (or the day your card will be charged for October's service) is September 30, a week away. In this Pointers, we will show you how to make sure you are not charged accidentally, how to pay for it without a credit card, and more.
The US Court of Appeals for the Federal Circuit in Washington, DC has ruled that Apple should have been awarded an injunction against Samsung during the second smartphone patent trial. In its ruling affirming the embargo, and pointing out errors by the lower court, the appeals court declared that "Apple does not seek to enjoin the sale of lifesaving drugs, but to prevent Samsung from profiting from the unauthorized use of infringing features in its cellphones and tablets."
This week on the show, Charles and Mike (with a cameo from William) talk about, yes, the latest predictions for the Wednesday event (which is handy, since Labor Day knocked the show's debut into Tuesday!). We also discuss our recent articles "Bad Apples" and "Good Apples," which respectively talk about the so-called "failures" of Apple hardware and how the critical "fails" often turn out to be the biggest sellers; defend the iPhone 5c on every level; the latest court cases for Apple; a recent Pointers column, and William pops by with his App of the Week, which this week isn't an app, but a thing. Read on to find out what!
A federal judge in the notoriously patent-friendly Eastern District of Texas has suspended a jury's award of half a billion dollars to a non-practicing patent entity (colloquially known as a patent troll) who sued Apple after reviewing his own instructions to the jury which may have created a "skewed damages horizon" that they responded to with the large award. The change does not reverse the overall finding that Apple infringed on Smartflash's patents, or a possible future patent invalidity finding, but a new damages-only trial is now set for September 14.
Reversing course after an outcry from artists, Apple Senior Vice President of Internet Software and Services Eddy Cue has announced on Twitter that the company will, in fact, pay rights holders -- which generally includes the artist -- during the forthcoming Apple Music subscription service's three-month free trial period. Apple's original agreement had said that no royalties would be paid while customers enjoyed the trial, prompting protests from indie and small labels as well as artists.
The trial of Ross Ulbricht in connection with the online BitCoin-fueled drug market known as Silk Road continued today with the testimony of a buyer-turned-dealer. Previously, the defense had attempted to suggest Ulbricht was framed, while the prosecution brought in an auditor to show that a chunk of Ulbricht's current reserve of BitCoins was obtained through Silk Road-related transactions.
Homeland Security special agent Jared Der-Yeghiayan took the stand recently in the trial of Ross Ulbricht, who stands accused of running a drug trafficking website called "The Silk Road" that operated for over two years, largely as a marketplace for illegal drugs, stolen data and other criminal activity. Under cross, the defense attempted to claim that former Mt. Gox chief Mark Karpeles was in fact the real owner, who went by the pseudonymous name "Dread Pirate Roberts."
[Updated with additional context for Schultz' testimony] The Real versus Apple anti-trust trial continued on Friday, with an Apple engineer testifying that he worked on a project in 2006 that was "intended to block 100 percent of non-iTunes clients," though he later clarified that such actions were taken in the name of user security and OS stability. Former Apple engineer Rod Schultz was summoned by Real's attorneys unwillingly, and discussed his work on a project with the codename "Candy" which would "keep out third party players" who exploited flaws in the iPod's operating system.
The Apple versus Real anti-trust trial centering around Apple's use of FairPlay Digital Rights Management (DRM) to prevent piracy (or block other music stores, as Real claims) has begun, as expected. Lawyers for the complainants continue to claim that changes in iTunes blocking other companies' music stores from functioning on the iPod allowed Apple to raise prices. Real's attorneys seek $350 million in damages in the long-postponed suit that dates back nearly a decade. The trial, expected to last three weeks, is being held in the Oakland, California federal courts.