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Posts Tagged ‘Samsung’

Appeal of $400M Award In Apple-Samsung Patent War

March 28th, 2016 Alexander No comments

The U.S. Supreme Court recently decided to hear Samsung’s appeal of a $400 million judgment that Apple won in a smartphone patent suit.  The Supreme Court agreed to consider Samsung’s argument that the damages test for design patents results in “unjustified windfalls” for patent owners.

The Supreme Court granted Samsung’s petition for a writ of certiorari, which challenged a lower court’s decision that the tech giant must pay Apple its entire profits from smartphones found to infringe Apple’s design patents on the look of the iPhone.

Samsung told the justices that the Federal Circuit misread the law and argued that requiring companies to pay their entire profits when they are found to infringe design patents results in exorbitant awards and gives design patents too much power.

“The decision below is thus an open invitation to litigation abuse, and has already prompted grave concern across a range of U.S. companies about a new flood of extortionate patent litigation, especially in the field of high technology,” Samsung said.

In 2012, a jury found that Samsung infringed Apple’s patents and awarded more than $1 billion in damages, but a damages retrial reduced the award to $548 million. Samsung elected not to appeal the portion of that award dealing with utility patents, and focused its Supreme Court petition on the $399 million in damages related to the jury’s finding of design patent infringement.

Samsung noted that the justices had not heard a case dealing with design patents in more than 120 years. The rule that companies must pay their “total profit” from expensive products like smartphones found to have infringed design patents makes no sense in the modern world, the company argued.

“With the recent explosion of design patents in complex products like smartphones, the time is ripe for this court to again take up the issue,” it said.

Apple told the Supreme Court that the law “could not be clearer” that infringers must pay their total profits for design patent infringement, so there was no need to hear the case.

“Samsung had its day in court — many days, in fact — and the properly instructed jury was well-justified in finding that Samsung copied Apple’s designs and should pay the damages that the statute expressly authorizes,” Apple said.

“We welcome the court’s decision to hear our case. We thank the many large technology companies, 37 intellectual property professors, and several groups representing small business, which have supported our position,” Samsung said. “The court’s review of this case can lead to a fair interpretation of patent law that will support creativity and reward innovation.”

For more information, see Law360.



Smartflash Hits Apple With Patent Infringement Suit Again

March 2nd, 2015 Alexander No comments

Smartflash LLC filed suit, once again alleging infringement of three patents that recently won them a $533M victory against Apple Inc., this time on newer products, and adding four additional patents related to the Apple Store Kit.

The company claims that Apple is indirectly infringing by inducing infringement by product assemblers, resellers, app developers and publishers, digital content publishers and end-user customers.

Smartflash says Apple induces the alleged infringement with the iPhone 6, iPhone 6+, iPad mini 3 and iPad Air 2 — which can access the iTunes Store or any version of the App Store app — its internal servers involved in operating the iTunes Store, its App Store, and other servers involved in the payment function of the iTunes Store, App Store or content via iCloud, as well as servers involved in Apple’s iAd Network.

“This lawsuit is intended to make sure that those products are adequately accounted for,” Cassady, an attorney for Smartflash, said.

“Apple has known these components to be especially made or especially adapted for use in an infringement of the patents-in-suit and that these components are not a staple article or commodity of commerce suitable for substantial non-infringing use,” the complaint says. “Alternatively, Apple believed there was a high probability that others would infringe the patents-in-suit but remained willfully blind to the infringing nature of others’ actions.”

When Smartflash sued Apple, Samsung Electronics Co. and HTC Corp. in May 2013, accusing them of infringing six anti-piracy patents, the tech companies argued that the patents were invalid as abstract under the U.S. Supreme Court’s Alice standard on the patentability of computer-implemented inventions. They had argued the patents, which describe a system to pay for and download digital content, simply described paying for something to gain access to it, a “building block” of the modern economy.

However, U.S. District Judge Rodney Gilstrap adopted the recommendation of U.S. Magistrate Judge K. Nicole Mitchell, who found that the patents cleared the Alice hurdlw because although controlling access to data based on payment was abstract, the claims had meaningful limitations that transformed the idea into something patentable.

The patents addressed a problem created by the Internet: how to protect copyrighted material from being copied without permission, while still letting allowed users to access it quickly and permanently.

For more information, see Law360.

Categories: Uncategorized


Judge Rips ‘Ridiculous’ Nokia Bid To Seal

November 26th, 2014 Alexander No comments

A California federal judge denied and ripped into Nokia Corp.’s latest “ridiculous” request to seal documents in its fight with Samsung Electronics Co. Ltd. over the leaking of patent licensing terms between Nokia and Apple in Samsung’s ongoing patent war with the iPhone maker.

Judge Paul Grewal’s order declines Nokia’s request for leave to file a reconsideration of his earlier order denying seal on certain documents. This marks the latest instance of the judge making no secret of his exasperation with a flurry of seal requests from all the parties in the suit, which Nokia was brought into after Samsung disclosed the confidential details of a licensing deal between Apple and Nokia.

“The undersigned is not quite sure, but sealing in this case may just have officially passed from the sublime to the ridiculous,” Judge Grewal’s order says.

Among the portions Nokia wants blacked out are certain passages of publicly available news stories estimating the terms of Apple’s patent license with Nokia despite the fact that the articles are “available to anyone on the planet with a web browser and basic internet access,” Judge Grewal says.

The court may have been more forgiving of Nokia’s request if this were the second, third or fourth time, “but at some point, the cost of such unwarranted sealing requests to the taxpayers, the press and other parties with equally important claims to the court’s resources must take priority.”

Also in June, Judge Grewal addressed all the parties’ then-recent requests to seal dozens of documents, largely keeping them unsealed. He said there still was a backlog of requests stemming from 26 separate administrative motions to seal 134 documents.

At that time, he said that although “old dogs, it turns out, can learn new tricks” when it comes to exercising restraint with seal requests, Nokia’s seal requests were not narrowly tailored to confidential business information.

These disputes arise as part of the larger patent infringement suit Apple filed against Samsung, accusing it of infringing several design and utility patents pertaining to iPhone and related technology. A $930 million district-court verdict against Samsung is pending on appeal before the Federal Circuit.

For more information, see Law360.

Categories: Intellectual Property