apple v. samsung

SAN JOSE, Calif. -- One of Samsung's main strategies against Apple has been to point to "prior art," pre-existing versions of the features and designs made by others that could potentally invalidate the patents Apple is wielding against it.

In the earlier part of the trial, Samsung focused on patents for phone designs. Today, though, the company got into the guts of Apple's software -- in particular, the gestures people use to control iPhones and iPads.

Samsung brought out a pair of "fact witnesses" -- i.e. not experts -- involved in technology that … Read more

SAN JOSE, Calif. -- Samsung scored a minor victory in court this afternoon when the judge in its patent fight with Apple excluded three of its allegedly infringing phones from the case against the two U.S.-based parts of its business.

U.S. District Court Judge Lucy Koh excluded the Galaxy Ace, Galaxy S i9000, and Galaxy S II i9100 -- all world phones that could be purchased in the U.S., but that weren't sold by Samsung's telecommunications and electronics divisions in the U.S.

The decision, which still leaves Samsung Electronics Company Ltd. (the Korean … Read more

SAN JOSE, Calif.--Despite numerous pieces of evidence suggesting Samsung eyed Apple's software in the creation of its devices, a new internal memo shows that some inside the company warned designers against mimicking the iPhone too slavishly.

Near the tail end of cross examining Terry Musika, the accountant Apple hired to estimate the $2.5 billion damages figure in the case, Samsung brought out an e-mail thread from one of its own top designers, Sungsik Lee.

The e-mail, sent on March 2, 2010, and addressed to the company's "UX [user experience] executives," makes the case that … Read more

SAN JOSE, Calif. -- According to Apple's internal research data, the top reason U.S. phone shoppers bought an Android device instead of an iPhone was to stick with their carrier.

The study, which covers just the U.S. market, was published by Apple internally in January 2011, and brought out by Samsung as evidence today.

Forty-eight percent of those surveyed in 2010 -- less than 3 years after the introduction of the first iPhone and well into Google's Android era -- said they bought an Android device because they "wanted to stay with (their) current wireless … Read more

SAN JOSE, Calif. -- Apple's patent licensing chief said here today that an earlier cross-licensing deal allowed Microsoft access to a host of its design and feature patents, but prohibited the copying of Apple's own products.

Apple patent licensing director Boris Teksler made the disclosure during testimony in the company's trial against Samsung, which could wrap up as soon as next week. It's not clear how long the cross-licensing deal he mentioned has been in place, or how long it will last.

"All these patents are in Apple's unique user experience, and not ones … Read more

SAN JOSE, Calif. -- $2.5 billion is a lot of money, and it's the low end of what Apple says Samsung should pay for selling products that look and feel like the iPhone and iPad.

But just how did Apple reach that tally?

To explain, Apple today called on Terry Musika, a certified public accountant who has been involved with more than 200 intellectual property cases, including this one between the two tech giants.

In short, it's complicated.

"The calculation had to be done on a phone by phone, tablet by tablet basis," Musika said. &… Read more

SAN JOSE, Calif. -- Whether or not you agree that Samsung copied the look and feel of Apple's products, it's now clear that Apple put the company in a difficult position when it first accused Samsung of copying.

In testimony here today, Boris Teksler, Apple's director of patent licensing and strategy, noted that while Apple initially approached the company to accuse it of copying its products and infringing on a multitude of its patents, Apple would not outright license any of those main patents to another company.

"We were clear we weren't offering a license … Read more

Samsung Electronics won't be able to use the testimony of one of its key designers in its case against Apple, according to a court document filed and signed by Federal Judge Lucy Koh yesterday.

Hyong Shin Park, who was the lead designer for Samsung's F700 phone, will be barred from testifying, as the court sided with Apple's request to keep her from the courtroom.

Park has said that Samsung's phones were inspired by a "bowl of water" and not the iPhone. Apple argued that her project, the F700, isn't in the list of … Read more

The federal judge presiding over the Apple-Samsung patent infringement trial has apparently grown weary of the quibbling attorneys in the case and has ordered them to meet in person today to hammer out joint jury instructions.

"The Court is disappointed by the parties' respective reports regarding their meet and confer efforts on final jury instructions," U.S. District Judge Lucy Koh said in her order today, according to the Foss Patents blog. "Lead trial counsel shall meet and confer in person today and file joint and disputed final jury instructions by Monday, August 13, 2012 at 8 … Read more