Tag - Trial
The seemingly never-ending courtroom saga between Apple and Samsung has taken a new twist, reports Reuters. In an amicus brief supplied to the US Supreme Court in Wednesday, the US Department of Justice (DOJ) has recommended that the Supreme Court should send back the case to trial courts in order to determine whether a new trial should be undertaken over a component of the case that was won by Samsung on appeal. If the Supreme Court accepts the DOJ's appeal, the court case which dates back to 2011 could be set to stretch out for some time to come.
Three panel judges at the US Patent and Trade Office (USPTO) have voted to invalidate a pair of patents that Smartflash is utilizing against Apple, and other companies. While the total of invalidated patents being used by the non-practicing entity is now three, the process can potentially drag on for years.
On the last day allowed, Samsung has filed its brief with the Supreme Court for an appeal of its legal battle with Apple. In its brief, Samsung spells out that design patents are overvalued when tried for damages, and "at a minimum, a new trial is necessary" to determine damages that the Korean company owes the Cupertino manufacturer.
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.