DecryptedTech

Saturday03 December 2022

Displaying items by tag: Lucy Koh

Monday, 18 November 2013 15:11

Apple Get's Another Chance at a Samsung Ban...

In the long running battle between Samsung an Apple there is new twist. It seems that an appeals court would like a lower court to reconsider the Apple request for a permanent injunction on Samsung products based on three utility patents. Now, while having a court reconsider something is not unusual it is interesting to note that the patents in question constitute a very small portion of the products in question. It also comes not long after the US Administration blocked a similar ban won by Samsung against Apple for patent infringement, but upheld one requested by Apple against Samsung.

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It seems that there is the potential for peace after all between Samsung and Apple. As we have told you over the past few weeks, the patent trial between Samsung and Apple has been a much more tactical event than the show we expected. Both sides have presented many witnesses to support their claims, but were hampered by a time limit imposed by Judge Lucy Koh. The time limit is not unheard of in cases like this as it prevents either side from trying to monopolize time and can help keep things to the facts. We would have to say that Judge Koh’s decision was at least partially successful.

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Judge Lucy Koh has asked that Samsung and Apple executive meet for a third time. Her request for a peace talk is coming with only about a day and half of Samsung’s presentation in the bag. This move seems a little odd to us considering her defiance in allowing for key pieces of Samsung evidence to be shown to the jury and her refusal to throw out some Apple patents based on Prior Art.

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The Samsung V Apple trial is still going on, but what we have noticed is that now that Apple is finished with their side of the story many sites that were carrying the Apple flag have stopped covering it. As Apple paraded one witness after another we saw so many headlines proclaiming that Apple had won with this or that witness that is became comical. This is despite the fact that in many cases the actual experts felt that the key witnesses either had a neutral effect on Apple’s case or ended up slightly in favor of Samsung (with Peter Bressler and Terry Musika being two of the worst).

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We heard a great story this morning surrounding the Samsung V Apple case. So far we have counted four sites that have repeated the analysis that takes massive liberties with data and also blurs the lines between the words “shipped” and sold. As we all know every quarter companies like IDC and Gartner release their estimates based on the number of units shipped to through the channel. They do this for most devices and are used to help predict growth and also to help investors. These reports us classify shipments in the following way “Shipments include shipments to distribution channels or end users. OEM sales are counted under the vendor/brand under which they are sold” this makes them somewhat unreliable to say the least.

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Samsung V Apple has been the talk of most media outlets for the past week. This is not surprising at all simply because the stakes in this case are so big. As we are sure you are aware Apple has been running an ongoing PR and legal campaign trying to claim that Samsung (their biggest competitor) willfully copied Apples products including the iPhone and iPad. This is something that many media sites have failed to report on despite parroting the statements and press releases from Apple. It was intended to put a predisposition in the minds of people that Samsung is already guilty of copying.

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There are some interesting happenings in the Samsung V Apple trial this morning (well, really overnight). It seems that Apple is working very hard to have sales data sealed. As of right now we do not have the motion that Apple filed, so we are not sure if this means Apple is requesting the evidence not be allowed, or if they just do not want it going public. We are hearing from different sources that they may be asking for either or both (we are guessing that they want it barred as evidence).

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Yesterday Judge Lucy Koh showed us all that she is not concerned with finding the facts in the matter of Apple’s accusations against Samsung (over copying) just as much as she is not concerned with Apple’s own behavior out of court. He is, however, very keen to make sure she controls what the jury is and is not exposed to from Samsung’s representatives. It is an issue that has not only been reported here, but has also popped up on other media outlets expressing concern that the proceedings are fair at all.

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After going through the news and editorials about the Apple V Samsung case we have found something very interesting in Apple’s attack methods. One of the lead pieces of evidence for their alleged consumer confusion is the number of returns of Samsung products to stores like Best Buy etc. Apple would like you to believe that customers mistakenly picked up a Galaxy Tab when they meant to get an iPad and then returned it after realizing it was not an iPad. It is a piece of logic that in any other place in the world or with almost any other judge would have been thrown out as preposterous, but for some reason Judge Lucy Koh is letting this stand. You see Apple’s logic and claim here is seriously flawed and here is why.

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There are some interesting things that are coming to light in the Samsung Vs Apple trial. Among them are claims from Apple that Samsung was told by Google, its own staff and “famous designers” that their products were too similar to Apple’s patented design. These are pretty damning items when you think about it and go a long way toward proving that Samsung willfully copied Apple with some of their products. With this it would look like Apple certainly has Samsung on the ropes…

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