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.
Now AAPL Stock: 93.4 ( -2.7 )
WhatsApp now handles over 100M calls daily
WhatsApp is celebrating that it is being used for over 100 million calls every day. In a brief notice, the Facebook-owned messaging platform advises the voice-calling feature it rolled out to its users last year now deals with an average of over 1,100 calls initiated per second. Earlier this year, it increased the security of its calls and other messages, by introducing end-to-end encryption on all platforms. http://bit.ly/292HqCX
Adele's '25' album now streaming
Recording artist Adele has "pulled a Kanye" after saying that her current album "25" would not be available for streaming. The seven-month-old record, which has yielded a number of hit singles, is now available for streaming on all the major streaming services, such as Apple Music and Spotify, as of today in most major markets, with worldwide distribution to come. Reportedly, the singer had demanded streaming be limited to paid subscribers -- a condition that has hurt some streamers with artists, who aren't paid royalties for free or trial listens . Apple pays performers its normal royalty rates during its free trial, avoiding the issue -- and having repeated success in both signing up exclusives and placing those exclusives into the top of the charts. http://ti.me/28U7NOu
SanDisk iXpand case has battery, storage
A new iPhone 6 and iPhone 6s case from SanDisk appears to be the "holy grail" of accessories: a stylish and protective case that offers both extra storage as well as the option of extra battery power as well. The iXpand Memory case offers either 32GB, 64GB, or 128GB of additional storage incorporated into the case, and an optional add-on battery pack (sold separately) adds up to an extra day or more of charge. Through the associated iXpand app, camera photos and videos can be automatically stored on the extra storage, optionally password-protected, The cost for the case is (in order of storage capacity) $60, $100, and $130. The battery pack's release data has not yet been announced, but the add-on should retail for an additional $30. http://bit.ly/291epHu
Fifth Hong Kong store to open June 30
The 46th official Apple store in what the company calls the "Greater China" region will open at 10AM local time in Hong Kong's New Town Plaza in the Sha Tin district on Thursday, June 30, according to a new page on Apple's retail website. Despite slowing growth due to economic turmoil in China, the country is still Apple's fastest-growing market. The new story will be the fifth for Hong Kong, a lucrative market for Apple thanks to the high concentration of wealth there and a thriving "gray" market. Normal store hours for the new store will be 10AM to 10PM every day. http://apple.co/291diaT
Apple Music bug bites very short songs
There appears to be a reproducible bug in the current version of iTunes -- version 12.4.1, running on OS X 10.11.5, both the current non-beta versions of the respective software -- that causes a streamed song to become "stuck" in endless buffering if the streamed item just before this happened was 60 seconds or less in length. The problem appears to stem from code in iTunes that signals the next track to start downloading one minute before the currently-playing track is done, and thus songs shorter than one minute don't trigger the download. Locally-stored music is unaffected by the bug, and the problem does not appear to exist in either the macOS Sierra developer beta or versions of iTunes earlier than 12.4, and does not affect the iOS Music app at all. http://bit.ly/291cN0l
Walmart Pay expands to 15 states
Walmart, one of the key progenitors of the failed CurrentC mobile payment system that was distinguished from Apple Pay by its ability to collect and share customer financial and buying data among its participants, has expanded the soft rollout of its alternative solution "Walmart Pay" to an additional 15 US states following a pilot program in Arkansas and Texas last month. Walmart continues to resist adding Apple Pay. The system, built into the Walmart app for iOS and Android, works with a complicated system of the camera scanning a purchase code at the register, then generating a QR code which is then scanned by the register. The system is available now in Alabama, Georgia, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Virginia, and Washington, DC. http://apple.co/28SqZfu
Amazon refreshes entry-level Kindle
Amazon has added a new Kindle to its ebook reader range, one that is thinner and lighter than the previous entry-level model. Offering a six-inch 167-dpi touchscreen display, a doubled 4GB of storage, and an option for a white casing, the new model also adds in the ability to export highlights and notes to an email account as a PDF. Two versions of the all-new Kindle are available, priced at $80 including "Special Offers" and $100 without. http://amzn.to/28Q4c3R